Aloha members:
You may have already seen or read some news coverage about the anti-public education and anti-union Janus Supreme Court case that will be argued before the nation's highest court in Washington, D.C. tomorrow.
The FAQs below will give you some important background on the case, which is called Janus v. AFSCME.
Thank you,
Corey Rosenlee
HSTA President
What is the Janus v. AFSCME Supreme Court case?
Mark Janus is a child care public employee worker in Illinois who is suing AFSCME (the parent union of HGEA) because he believes it is unconstitutional to be forced to pay union dues. He claims paying union dues violates his rights under the first amendment by forcing him to subsidize the speech of others with whom he does not agree. This case is currently in front of the Supreme Court, and we expect a decision between March and June.
What is the problem with Janus’ case?
Janus seeks to benefit from union work without having to pay his fair share. Under current law, union-represented public employees, like teachers, may choose whether to join the union. However, as the exclusive representative, the union is required to negotiate on behalf of all employees in the bargaining unit, even if they are not members of the union. Since all workers benefit from the union’s gains in salary, benefits and working conditions, it is only fair that everyone pays towards the cost. That is why in 1977 the Supreme Court ruled 9 to 0 in Abood v. Detroit that public employees should pay fair share fees in return for union representation.
Why not let people like Janus leave the union, and not allow them to benefit from HSTA gains?
Under collective bargaining law, if Janus wins, HSTA will still have to negotiate for and represent all public school teachers in Hawaii. Teachers who choose not to pay will still get all the services, pay raises and benefits from the HSTA-negotiated agreements. But the cost to cover all of the union’s expenses will be borne only by those who pay their fair share dues.
If the Supreme Court has upheld fair share fees for 40 years, why the change?
With President Donald Trump’s appointment of Justice Neil Gorsuch, legal experts expect he will side with the other conservative justices to overturn fair share fees as they were prepared to do before the death of Justice Antonin Scalia.
The biggest forces behind the Janus case are wealthy corporate interests (including the billionaire Koch brothers) that seek to eliminate or weaken unions to make it easier to privatize public schools. These are the same forces that worked with Trump’s Education Secretary Betsy DeVos and voucherized schools in Michigan with disastrous results. By weakening unions, their hope is that there will be less opposition to making schools for profit, which lowers wages, employee benefits and hurts educational opportunity for most students.
How would Hawaii teachers’ wages have fared without HSTA?
Last year at this time the state was offering a 1 percent one-time bonus, equivalent to $550 for the average teacher. It was all of us, pulling together as a union, who changed that situation for the better. Six thousand teachers marched on the State Capitol, thousands more sign waved and signed petitions. It was our unified effort and the strength of a fully funded union that led to a four-year contract with pay hikes of nearly 14%. For the average HSTA member, the state was offering that paltry bonus worth $1,100 over two years, but HSTA was able to negotiate average pay increases of nearly $7,900 over four years.
I appreciate the union’s work, but wouldn’t teachers save a lot of money if they didn’t have to pay dues?
Not in the long run. Research has shown unionized states have better wages, working conditions and student outcomes. Public sector employees in states with weak union protections are paid on average 3.1% less, which would equate to an average Hawaii teacher being paid $1,891 less a year. In Wisconsin, a recent study showed teachers’ benefits decreased by nearly 19% and their pay fell by almost 3% in the five years since unions lost collective bargaining rights there. If a significant number of Hawaii teachers stop paying dues, HSTA will lose the resources needed to effectively negotiate and advocate for teachers.
HSTA dues are only $33 a paycheck. By the end of the contract, the average teacher will see their salary increased by $332 per paycheck. That is not done without our collective effort. But it still doesn’t solve the teacher shortage crisis in Hawaii, which is why HSTA continues to fight for more public school funding. Last year, our members submitted more than 4,000 pieces of testimony and 1,700 emails to legislators to better fund our schools. HSTA is the best chance to give our keiki the schools they deserve. A weakened union saddled with representing those who do not pay their fair share will result in fewer contract protections and lower pay over time.
What can I do?
Wear red on Tuesdays to let your colleagues and your community know you’re HSTA proud. Share how being part of the union has improved teaching and living conditions over the years and supported your growth as a professional. As Ben Franklin said, “We must, indeed, all hang together, or most assuredly we shall all hang separately.” Together, we are HSTA!
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